What is the scope of food safety inspection in Vietnam?

What is the scope of food safety inspection in Vietnam? (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. What is the scope of food safety inspection in Vietnam?

The scope of food safety inspection is specified in Article 6 of Circular 48/2015/TT-BYT (amended by Circular 17/2023/TT-BYT) as follows:

- For food manufacturers and food-trading businesses:

+ Administrative records and legal certificates:

Business Registration Certificate or Household Business Registration Certificate, Certificate of Fulfillment of Food Safety Conditions (evaluate if they are required to obtain or exempt from a certificate as prescribed in Articles 11, 12, and 28 of Decree 15/2018/ND-CP); Certificate of Fitness for Work, Certificate of Training in Food Safety;

+ Acknowledgement of Registration of Product Disclosure, Product Self-declaration, Certificate of advertisement content verification. Evaluate the certificates according to Articles 4, 5, 6, 7, 8, 26 and 27 of Decree 15/2018/ND-CP;

+ Documents about the conformity with regulations on facilities and equipment of the owner or persons who directly engaging in food production and trading; the process of food production and processing; the origin and expiry date of food ingredients, substances and additives; other regulations related to food manufacturers and food-trading businesses and food products.

+ Contents of food labels:

+ The implementation of regulations on food advertising (if any);

+ Relevant papers related to the State inspection of imported foods (for businesses importing food or trading in imported food).

+ Food samples shall be taken, if necessary. Food sampling shall comply with regulations in the Article 6 of Circular 26/2012/TT-BKHCN and Clauses 3 and 8 Article 1 of Circular 12/2017/TT-BKHCN on amendments to Circular 26/2012/TT-BKHCN for sampling.

- Food and beverage businesses and street food vendors.

+ Administrative records and legal certificates: Inspect according to point a clause 1 of Article 6 of Circular 48/2015/TT-BYT;

+ Records, documents and the conformity of the Owner; or workers who directly engaging in food production and trading, with the provisions of facility and equipment; the process of food production and processing; practices of food hygiene and safety; food transportation and preservation; sources of water used for food processing and production; the origin of food ingredients, substances and additives; sample storage and other relevant regulations.

+Collect sample of food, food additives, food processing aids, and ingredients and products used for processing and eat for testing, if necessary. Comply with the regulations specified in point h clause 1 of Article 6 of Circular 48/2015/TT-BYT in the process of taking samples for testing.

2. Process of a food safety inspection in Vietnam

Pursuant to Article 9 of Circular 48/2015/TT-BYT, the process of a food safety inspection in Vietnam is as follows:

- Issuance of an inspection decision:

The Head of food safety authority shall issue the decision of the inspection with the following items: the location and scope of inspection, modes of inspection (under schedule or surprise inspections), the term of inspection, time limit of the inspection, members of the inspectorate, and duty of the inspectorate.

The inspection decision shall be made as regulated in the Annex 02 of Circular 48/2015/TT-BYT.

- The inspectorate shall conduct the inspection in accordance with the following order:

+ Notify the inspection decision to the inspected entity;

+ Carry out the inspection as regulated in Article 6 of Circular 48/2015/TT-BYT;

+ Make a Record of Inspection: the Record of Inspection of food manufacturers and food-trading businesses shall be made using the form regulated in the Annex 03 of Circular 48/2015/TT-BYT; the Record of Inspection of entities in food and beverage services shall be made as the form in the Annex 04 of this Circular; the Record of Inspection of street food vendors shall be made as the form in the Annex 05 of Circular 48/2015/TT-BYT.

+ Report the inspection results according to the Article 11 of Circular 48/2015/TT-BYT;

+ Issue the decision on handling inspection results as prescribed in the Article 10 of Circular 48/2015/TT-BYT;

Nguyen Ngoc Que Anh

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